ADVOKS GLOBAL · KENYA
Public Procurement and Asset Disposal Act
44. Responsibilities of the accounting officer
Edition: 2022-12-31 · In force
44. Responsibilities of the accounting officer
(1)An accounting officer of a public entity shall be primarily responsible for ensuring that the public entity complies with the Act.(2)In the performance of the responsibility under subsection (1), an accounting officer shall—(a)ensure that procurements of goods, works and services of the public entity are within approved budget of that entity;(b)constitute all procurement and asset disposal committees within a procuring entity in accordance with the Act;(c)ensure procurement plans are prepared in conformity with the medium term fiscal framework and fiscal policy objectives and, subject to subsection (3), submit them to the National Treasury;(d)ensure proper documentation of procurement proceedings and safe custody of all procurement records in accordance with the Act;(e)ensure compliance with sections 68, 147, 148 and 149 of the Public Finance Management Act (Cap. 412A);(f)approve and sign all contracts of the procuring entity;(g)ensure the procurement and asset disposal process of the public entity shall comply with this Act;(h)ensure that the procurement processes are handled by different professional offices in respect of procurements, initiation, processing and receipt of goods, works and services;(i)submit to the Authority the part in its procurement plan demonstrating application of preference and reservations schemes in relation to the procurement budget within sixty days after commencement of the financial year; and(j)ensure compliance with any other responsibilities assigned by this Act or any other Act of Parliament or as may be prescribed in Regulations.(3)The procurement plans prepared by the national security organs shall be exempted from submission to the National Treasury.(4)An accounting officer involved in a procurement transaction on exploitation of natural resources shall comply with provisions of Article 71 of the Constitution and any other written law.(5)Where a public entity lacks capacity to comply with this Act, an accounting officer shall seek assistance from the National Treasury.